April 29, 2013

In this article, Jenner & Block Partner Terrence J. Truax and Associate Sarah F. Weiss critique the practice in Cook County of detaining acquitted individuals in jail hours after a verdict is read. The authors explain that the Cook County Jail routinely handcuffs and searches individuals who are acquitted and then returns them to the general population tier after, requiring them to change back into jail jumpsuits.  The authors argue that the Cook County sheriff has no legal authority to prevent an acquitted individual from being released immediately from the courtroom, and that, with little additional effort, the sheriff could fix this problem.  “The Cook County Sheriff should reconsider its release procedures, given the constitutional risks inherent in continuing to detain acquitted individuals,” the authors conclude.  Please click here to hear a WBEZ interview with Terry and his client Calvin Marshall regarding the issue.